California law protects all workers, no matter their immigration status. Some employers may still try to intimidate employees by threatening to report them to immigration if they speak up about workplace problems.
These scare tactics are illegal. Understanding California’s workplace guidelines can help workers protect themselves from retaliation.
What is retaliation?
Retaliation happens when an employer punishes workers for exercising their legal rights. The retaliation can include firing, cutting hours, giving worse work assignments, or making threats.
Fear of retaliation makes some workers hesitate to report wage theft, unsafe conditions, or discrimination because they fear losing their jobs. Others worry their employer will use their immigration status against them.
What protections do immigrant workers have?
Workers in California have rights, even if they are undocumented residents. State law prohibits employers from using an employee’s immigration status as a way to silence workers. Employers cannot call or threaten to call immigration authorities because a worker speaks up about unfair treatment. They also cannot ask about a worker’s immigration status to punish them.
If an employer retaliates, workers can file a complaint with the California Labor Commissioner’s Office. The state can penalize employers who break the law. Workers may also be able to recover lost wages if an employer fires them or reduces their hours in retaliation.
Employers who violate these laws can face serious consequences. Workers should keep records of any threats, job changes, or unfair treatment. This evidence can help prove that retaliation happened.
No one should have to choose between speaking up and keeping their job. Knowing these rights can help workers feel safer when reporting problems at work.